Muhammad Sardar, petitioner. seeks bail after arrest in case FIR No, 660 dated 14.09.2014 under Section 9-C of the Control of Narcotic Substances Act, 1997 registered at Police Station Ghalla Mandi, District Sahiwal.
2. Precisely the story mentioned in the FIR is that the police received spy information that present petitioner alongwith his co-accused boarded on a car were heading towards Begum Shahnaz Chowk to sell Charas to their customers nearby graveyard. On such information a raiding party was constituted which reached at the spot and intercepted said car. The petitioner and co- accused persons were un-boarded from the car. On body search of petitioner, Charas weighing 1105 grams wrapped in a shopper bag was recovered from his possession. It is further alleged that, in the meantime, co-accused Sheikh Nasir armed with pistol .30-bore threatened the raiding party to let free his brother (petitioner) and on resistance said Sheikh Nasir made two successive fires from his pistol but the contraband narcotics allegedly recovered from the petitioner, case against the petitioner is a border line case of Section 9(b) of the Control of Narcotic Substances Act, 1997; that the petitioner is not involved in any other case of such like nature; that the petitioner is behind the bars ever since his arrest and is no more required for the purpose of investigation.
4. On the other hand, learned Deputy Prosecutor General opposes this bail petition on the ground that a huge quantity of charas was recovered from the petitioner at the time of his arrest.
5. Heard. As per contents of the FIR, 1011 grams Charas was recovered from the petitioner at the time of his arrest. Prima facie, the same is slightly on higher side of upper limit of Section 9(b) of the Control of Narcotic Substances Act, 1997 and if the weight of shopper bag and paper is excluded from the' total weight of the contraband narcotics allegedly recovered from the petitioner, case against the petitioner is a border line case of Section 9(b) of the Control of Narcotic Substances Act, 1997.
6. The petitioner is behind the bars and no more required for the purpose of investigation.
Considering all these circumstances, this petition is allowed and the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (rupees two lakh only) with one surety in the like amount to the satisfaction of learned trial Court.